From: Brendon Wickham
Subject: Brother Sister - 21/5/95
To: QUEERPLANET@abacus.oxy.edu
Date: Sat, 27 May 1995 20:18:18 +1000 (EST)
BROTHER SISTER - QUEER NEWS FROM DOWNUNDER
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FEDERAL INQUIRY INTO LAW
*Federal Justice Minister Duncan Kerr today announced the
largest ever Federally-funded inquiry into discrimination
against lesbians and gay men*
But provisions still fall within boundaries community leaders
established before the announcement as "inadequate".
The $50,000 inquiry will be held under the auspices of the
new community-run Human Rights and Discrimination Law Centre
whose foundation was also announced today.
The announcements came as part of Kerr's long-awaited Justice
Statement, which was launched this morning in Brisbane. The
Justice Statement is the Government's official response to
the Access to Justice Report, which was released by the
Access to Justice Committee in May 1994. Nowhere in that
report were lesbians or gay men mentioned.
Sources within the Justice Department say the inquiry into
lesbian and gay discrimination, which will receive $50,000
special additional funding in the first year of the Law
Centre, will address but not be limited to areas of finance
and property.
The announcement comes just three days after the Commonwealth
Administrative Appeals Tribunal ruled a gay man had no right
to spousal benefits from his deceased lover's
superannuation fund.
In handing down the decision, Justice Jane Matthews added her
voice to the call for reform when she said it gave the
Tribunal "no joy" to rule against a couple who "conformed to
the requirements of (the regulations) in all respects except
for their gender".
The Justice Department will decide the location of the Law
Centre by inviting expressions of interest from minority or
marginalised community groups in major cities around
Australia. The Statement reads "submissions will be sought
from community groups interested in providing a service".
Sources within the Department clarified this by saying "the
idea is that the Government will set this thing up, and then
hand it over to community groups and say 'you run it'".
One Departmental source said: "I would imagine the city with
the biggest gay community would have a fairly good chance."
In addition to gay men and lesbians the Law Centre will
address the needs of the aged, people with mental and
physical disabilities and members of ethnic or religious
minorities.
Author of the Australian Council for Lesbian and Gay Rights,
the National Network of Lesbian and Gay Anti-Violence
Projects and the Gay and Lesbian Legal Rights Service
combined response to the Access to Justice Report, Paul Van
Reyk, spoke before the announcement on possible outcomes.
He said the gay and lesbian community should not simply be
piggy-backed on top of other groups and called for a separate
Lesbian and Gay Legal Centre as well as a national inquiry
into homosexual discrimination.
However, he said "for a project like that you'd be talking
12-18 months and need a million dollars".
The Justice Department has announced that the full brief of
the Law Centre will be to advise as well as undertake
clients, collect information on various forms of
discrimination, make available United Nations and other
human rights publications, assist individuals and groups to
make claims, provide community legal education, and to
provide additional training and resources in the field of
discrimination to lawyers and other members of the
community.
Funding for the Law Centre, after an undisclosed capital
outlay, will be $200,000 a
year.
SSO
GAY MAN LOSES SUPER FIGHT
*A gay man has lost his claim for death benefits under his
partners superannuation fund.*
The Commonwealth Administrative Appeals Tribunal today
decided that gay partners cannot be treated as heterosexual
de facto spouses in superannuation.
Greg Brown and his partner Robert Corva lived together as a
couple for 10 years until Mr Corvas death from AIDS related
complications in 1993.
Brown lodged a claim under his partner's superannuation fund,
the Commonwealth Superannuation Scheme, for a death benefit
claiming he was Corva's de facto spouse.
The Commonwealth Superannuation Scheme define a de facto
spouse as someone living with another person as his/her
husband or wife on a permanent and bona fide domestic basis.
Superannuation Trustees have traditionally taken the view
that a gay partner cannot be considered a de facto spouse.
The Commonwealth Administrative Appeals Tribunal decision
confirms this practice.
"Thousands of gay men and lesbians have been denied benefit
under superannuation scheme because of the failure of the
law to recognise gay relationships" said Mr Brown's
Solicitor John Berrill from Maurice Blackburn & Co.
"This decision is another example of why the Federal
Government must introduce legislation to outlaw
discrimination against homosexuals."
Recent decisions of the Commonwealth and State Industrial
Relations Commission have extended family leave provisions to
include same sex partners.
Many of the States have also included protection of
homosexuals in anti-discrimination legislation.
However, the Federal Labor Government has so far failed to
act despite their attack on the Tasmanian Government for its
anti-gay criminal laws.
Berrill says a complaint has been lodged with the Human
Rights Commission alleging disability discrimination.
BASHER SENTENCED TO LIFE
*Guilty of murder was the verdict handed down by a Supreme
Court Jury to a Brisbane man, last week, despite his claims
the action was an act of self defence against unwanted
homosexual advances.*
James Carlton Craggs, 21, was sentenced to life imprisonment
for bashing Michael Dearin Feeney, 59, to death with a
statue on the night of March 17, 1994 at Feeny's suburban
home in Ennoggera. Police were told by Craggs that he had
bashed Feeney because Feeney had tried to sexually assault
him, the jury heard.
"I am a heterosexual myself, so I was in a bit of a mental
shock." Craggs said.
Crown prosecutor Geoff Hunter said the circumstances
surrounding the night of the incident were "redolent of
homosexuality" and contradicted the version of events given
to the police by Craggs.
Craggs told police he met the deceased on the day of the
incident at Roma St Transit Centre and accepted an
invitation to Feeney's home where the pair watched
pornographic videos and drank.
Craggs said that it was only when Feeney started to stroke
his legs that he became aware of the homosexual nature of
Feeney's invitation.
A witness for the prosecution Christopher Clark, a 27 year-
old pensioner of Toowong in Brisbane, identified Craggs as
the person who had propositioned him at about 6pm in the
Roma St Transit Centre toilets for bus fare which would be
repaid by Craggs in the form of sexual services.
Clark also identified two magazines, including a Black Label
Penthouse, as belonging to Craggs which the prosecution
maintain that Craggs placed under Feeney's bed to support
his version of
events.
Sarah Shaw
FIVE YEAR REPRIEVE CALL FOR FAIRFIELD
*The Victorian AIDS Council is expected to call on the
Austin- Repatriation Hospital to fully retain HIV services
on the Fairfield campus for at least the next five years
should the anticipated hospital merger proceed.*
This recommended position for the AIDS Council on the future
of Fairfield Hospital will be put to a public meeting
tonight by the Executive.
The future of Fairfield moved back into the firing line
earlier this month with the adoption of the Proust report
by State Health Minister Marie Tehan.
It means that Melbourne's 35 public hospital boards will be
sacked on July 1 and replaced with as few as seven
management boards with a mandate for closures, drastic cuts
and redistribution of services.
In other recommendations the AIDS Council Executive wants:
% assurances from Austin management that during the next five
years there is no winding down of HIV services, and that
buildings and infrastructure be maintained and where
necessary enhanced,
% hospital staff and HIV community groups to be involved in
consultations with management on the long term future of
Fairfield, and
% the new Board of Governance of the North East network to
set up an HIV Care Committee comprised of representatives
of HIV community groups as soon as possible.
AIDS Council president Bradley Engelmann said epidemiology
studies indicated that the next five years would be the
peak period for people needing treatment in Victoria.
Last year Fairfield Hospital saw a 32 per cent increase in
outpatients, while the Alfred Hospital experienced a 10 per
cent increase. This is expected to plateau during 1996
until 1998.
"Now is the worst possible time to dismantle the hospital,"
Engelmann said. "It makes no sense to dismantle the best
culture of care at the point when it's most needed."
Engelmann said the less desirable alternative to retaining
Fairfield would be the upgrading of HIV services at the
Alfred Hospital.
"People with HIV want stability of care and even though the
Alfred is in the middle of the epidemic people choose to go
past it and go to Fairfield because they get superior care.
"The Proust report sets up a competitive environment for
hospitals, so over the next five years the Alfred could
improve its services and attract clients," he said.
The public meeting is being held tonight, Thursday 18 May at
7.30pm in the Recreation Hall at Fairfield Hospital.
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BOTTOM LINE
Up to 5000 people walked through the streets of Melbourne on
Saturday night commemorating the City's eleventh AIDS
Candlelight Vigil.
Keynote speaker at the City Square was the City's chief
executive officer, Elizabeth Proust who issued a proclamation
urging all citizens to be aware of AIDS and take measures
necessary to prevent the spread of HIV.
Having Proust speak at the Vigil is considered by many
observers as something of a coup. She is about to take up a
high ranking position advising State Premier Jeff Kennett.
Her proclamation also committed the City of Melbourne to not
discriminate against employees, prospective employees, or
users of services on the grounds of AIDS/HIV.
It also applauded the commitment shown by volunteers, members
of affected communities, health care providers, public
health officials and community-based organisations in caring
for those affected by HIV and AIDS, and called on all
citizens to provide support for those so affected.
The Vigil ended at the Exhibition Building for the unfolding
of the full Australian Quilt.
***
Brother Sister is a fortnightly newspaper published in
Melbourne, VIC and Brisbane, QLD, Australia. I have selected
the main news stories as well as items of interest. If you
have any contributions, comments or questions, please e-me at
leto@werple.mira.net.au.
NB: If you are representing overseas media and wish to
utilise any or all of the above material, please credit
Brother Sister as your source (and by-line if it is listed).
Thank You.
Brendon Wickham
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